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28 Mar 2019, 11:34 pm by Florian Mueller
Curiel of the United States District Court for the Southern District of California, Qualcomm faces an increased risk of a San Jose-like experience in San Diego, with the only structural difference that makes the outcome harder to predict being the involvement of a jury, while the FTC trial was a bench trial (before a judge without a jury).At the Thursday hearing, Judge Curiel made an explicit reference to the FTC case, describing Judge Koh's partial summary judgment on Qualcomm's… [read post]
21 Mar 2021, 2:56 am by Florian Mueller
And it may just hope that judges or the decision-makers in competition authorities could be gaslighted when a topic is technical and uneasiness may just be enough to let Apple sustain a harmful monopoly in app distribution.Come May, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California will hear what Apple has been telling antitrust authorities around the globe for a while. [read post]
8 Oct 2020, 7:48 am by Florian Mueller
Oracle America (petitioner v. respondent as opposed to plaintiff v. defendant): the Android maker's non-copyrightability defense has a snow flake's chance in hell.I wrote yesterday's triumphant post on the basis of having listened to the hearing on C-SPAN Radio (over the web). [read post]
25 Mar 2008, 9:00 pm
 Yesterday saw five of the most conservative of the Supreme Court justices refusing to require a state court system (in Texas) to let an International Court of Justice ruling cause Texas to deviate from its law that does not permit more than one state-level habeas corpus proceeding. blank">Medellin v. [read post]
28 Mar 2018, 11:11 am by Seyfarth Shaw LLP
That standard focuses on the decision-maker’s state of mind; however, the EEOC must also impute liability for the punitive damages to the employer. [read post]
18 Jul 2019, 8:51 pm by Samantha Maddern
Provide reasons for the decision to terminate to the executive so the executive cannot rely on the absence of a stated reason to mount their case that the termination must have been because they had exercised a workplace right. [read post]
6 May 2010, 1:12 pm by Erik Gerding
Assume that tomorrow someone from ACA publicly stated “Whoops! [read post]
12 Nov 2011, 7:05 am by Max Kennerly, Esq.
In drug cases, though, Congress and the courts change all the rules: in most states you can’t even argue the drug maker was negligent, you can only argue the drug maker didn’t warn you that they were negligent. [read post]
21 Feb 2013, 1:17 am by Florian Mueller
Robart, clearly a thought leader and pioneer among U.S. federal judges with respect to FRAND, in the Microsoft v. [read post]
21 Mar 2015, 1:45 am by Florian Mueller
But the longer it takes, the clearer it is that some "rejections" of claims were wrong.I plan to write about the copyright part of Oracle v. [read post]
26 Apr 2024, 9:08 am by John Elwood
Royal Canin and Purina, the pet-food makers, removed the case to federal court, arguing that the antitrust and unjust enrichment claims implicated federal law issues. [read post]
16 Jan 2009, 7:00 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: CAFC: In re Comiskey rehearing en banc falls two votes short; important dissent by Moore J (Hal Wegner) (Inventive Step) (Patently-O) (Washington State Patent Law Blog) (Peter Zura's 271 Patent Blog) (Law360) (Patent Prospector) District Court Delaware: Document shredding voids 12 Rambus patents: Rambus v Micron… [read post]